The coronavirus “2019-nCoV” epidemic has resulted in a lockdown of millions of people in China, just as the country was celebrating the Lunar New Year 2020. Many are unable to
Continue Reading Important Update on Immigration Issues Related to U.S. Permanent Residents Unable to Travel Back to U.S. Due to Coronavirus Outbreak in China

On May 2, 2018, the United States Citizenship and Immigration Services (USCIS) issued a Policy Alert regarding an update made to the USCIS Policy Manual related to the documentation for conditional permanent resident (CPR) status provided by USCIS to immigrant investors with pending I-829 petitions.  Every EB-5 investor with CPR status must file an I-829 petition to remove conditions by filing a Form I-829 petition within 90 days of the expiration of the two-year CPR status. USCIS then issues receipt notices to each EB-5 investor and dependent family member upon receiving the properly filed I-829 petition. The I-829 receipt notices evidence continuing CPR status (including travel and employment authorization) for an additional year after the expiration of the CPR card until the I-829 petition is adjudication or an order or removal becomes final. The Policy Alert explains that the original guidance which was previously found in Chapter 25.2 of the Adjudicator’s Field Manual (AFM) and not yet published in the USCIS Policy Manual, is now reaffirmed in Volume 6, Part G of the Policy Manual.

Continue Reading USCIS Policy Alert on EB-5 Investors with Pending I-829 Petitions

Due to a recent system conversion at the United States Citizenship and Immigration Services (USCIS), all I-829 receipt notices and ASC Appointment notices are now delayed 90 days or more.  This may be dismaying for many EB-5 investors and their dependent family members who may have waited a long time to reach this final step in the EB-5 process. Since the I-829 petition can only be filed 90 days prior to the expiration of the EB-5 investor’s conditional permanent resident (CPR) status, the 90+ day delay in the issuance of receipt notices on the part of USCIS is at the top of the list of problems plaguing the I-829 process right now. It appears to be especially problematic for those I-829 petitioners and dependents who are located outside of the United States at the time the I-829 petition is filed.

Continue Reading EB-5 Alert – Recent System Conversion at USCIS Results in 90+ Day Delay for I-829 Receipt Notices and ASC Appointment Notices

USCIS recently announced the release of a new edition of Form I-526, with the new edition dated 04/10/2017. Starting on June 9, 2017, USCIS will only accept the 04/10/2017 edition. 
Continue Reading USCIS Releases New Edition of Form I-526 with New Changes and Information Requested From Investors

Following is the Chinese translation of a previously published blog post:

美国国务院(DOS)7月签证公告给中国投资人带来一些好消息,EB-5投资移民签证中国申请人排期前进4个月,从2013年5月1日前进到2013年9月1日。
这一进展对关注查理•奥本海默有关职业移民签证截至日期预测的人来说,有些出乎预料。奥本海默是国务院签证处的主管,他曾预计6月份EB-5截至日期仍将维持在2013年5月1日。

尽管排期日期变化不大,中国大陆出生的EB-5投资人仍应该尽快提交I-526申请,因为排期的变动并不影响I-526 申请的审批。美国国务院根据优先日期或I-526申请提交的日期,确定等候时间。关于排期,您可以更多地阅读我们的博客。
Continue Reading 2015年7月签证公告:投资移民EB-5排期截止日期前进到2013年9月1日

The Department of State’s (DOS) July Visa Bulletin brings some good news for China indicating that that the EB-5 immigrant visa category will advance by four months for China, from May 1, 2013 to September 1, 2013.

This development has come as a bit of a surprise to those of you who follow Charles (“Charlie”) Oppenheimer’s, chief of the Visa Control and Reporting Division at the DOS, predictions for employment-based cut-off numbers, who predicted that the EB-5 cut-off date imposed for May 1, 2013, would remain for June.

In light of this modest movement in the retrogression date, mainland-Chinese born EB-5 investors should continue to file I-526 Petitions as soon as possible because these developments have no effect on the adjudication of I-526 Petitions. DOS has created a waiting list based on the priority date, or the date an I-526 Petition is filed, which you can read more about on our EB-5 Insights blog here.
Continue Reading July 2015 Visa Bulletin: Cutoff Date for EB-5 Retrogression Moves Forward to September 1, 2013

On Feb. 18, 2015, USCIS released performance statistics on I-526 and I-829 EB-5 related petitions. The following charts provide the case status as broken down by petitions received, approved, denied, or pending from fiscal year 2008 through the first quarter of fiscal year 2015 (October through December 2014):

USCIS statistics on I-526 EB-5 petitions for FY2008 –  FY2015
Year Received Approved Denied Pending
2008 1,258 642 120 853
2009 1,031 1,265 208 514
2010 1,953 1,369 165 1,125
2011 3,805 1,571 372 3,347
2012 6,041 3,677 957 5,018
2013 6,346 3,699 943 7,131
2014 10,923 4,925 1,169 12,453
2015 (First Quarter) 2,941 1,652 133 13,526


Continue Reading USCIS Releases Performance Data on I-526 and I-829 Petitions